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A BILL TO BE ENTITLED
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AN ACT
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relating to regulating certain firearm transfers, possession of |
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certain firearms, and protective orders prohibiting possession of a |
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firearm; creating criminal offenses; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.01. SHORT TITLE. This Act shall be known as the |
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Robb Elementary Firearm Safety Act. |
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SECTION 1.02. PURPOSE. The purpose of this Act is to ensure |
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the State of Texas is meeting its responsibility to protect the |
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health and safety of all Texans by enacting common sense, |
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evidence-based firearm safety laws. Texans deserve to live free |
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from the threat and fear of firearm violence. |
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SECTION 1.03. FINDINGS. The legislature finds that: |
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(1) the State of Texas mourns the loss of 19 innocent |
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children and two teachers in a senseless attack on Robb Elementary |
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School in Uvalde, Texas, on May 24, 2022; |
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(2) the shooting at Robb Elementary School is the |
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second deadliest school shooting in the history of the United |
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States; |
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(3) the victims of the attack are Makenna Lee Elrod, |
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10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose |
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Manuel Flores, Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10; |
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Rojelio Torres, 10; Eliahna "Ellie" Amyah Garcia, 9; Eliahna |
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A. Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9; |
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Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana |
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Rodriguez, 10; Jailah Nicole Silguero, 10; Amerie Jo Garza, 10; |
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Alexandria "Lexi" Aniyah Rubio, 10; Alithia Ramirez, 10; Irma |
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Garcia, fourth grade teacher; and Eva Mireles, fourth grade |
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teacher; |
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(4) three of the ten deadliest mass shootings in |
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modern United States history have occurred in Texas in the past five |
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years; |
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(5) the following mass shootings have occurred in |
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Texas: |
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(A) 26 people were killed in Sutherland Springs, |
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Texas, in 2017; |
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(B) 23 people were killed in Killeen, Texas, in |
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1991; |
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(C) 23 people were killed in El Paso, Texas, in |
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2019; |
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(D) 21 people were killed in Uvalde, Texas, in |
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2022; |
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(E) 17 people were killed at The University of |
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Texas at Austin in 1966; |
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(F) 13 people were killed in Killeen, Texas, in |
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2009; and |
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(G) 10 people were killed in Santa Fe, Texas, in |
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2018; |
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(6) firearm homicide rates for children under 18 have |
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more than doubled in Texas between 2014 and 2020; |
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(7) from 2015 to 2020, Texas lost 572 children to |
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firearm homicides, more than any other state; and |
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(8) overall firearm homicide rates in Texas have |
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increased 66 percent from 2014 to 2020. |
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ARTICLE 2. UNLAWFUL POSSESSION AND TRANSFER OF CERTAIN ASSAULT |
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WEAPONS |
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SECTION 2.01. Chapter 46, Penal Code, is amended by adding |
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Section 46.055 to read as follows: |
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Sec. 46.055. UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In |
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this section, "assault weapon" means: |
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(1) a semiautomatic centerfire rifle that has the |
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capacity to accept a detachable magazine and has: |
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(A) a pistol grip that protrudes conspicuously |
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beneath the action of the firearm; |
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(B) a folding or telescoping stock; |
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(C) a thumbhole stock; |
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(D) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(E) a flash suppressor; or | Statutes affected:
Introduced: Penal Code 46.06, Family Code 85.022, Family Code 85.026, Government Code 411.172, Government Code 411.187, Penal Code 46.04 (Family Code 85, Government Code 411, Penal Code 46)